10 DE JANEIRO DE 1998

422-(9)

b) The Council may postpone the appointment of the Director-General for such a period as it considers necessary, on the occurrence of a subsequent vacancy. In this event it shall appoint a person to act in this stead, the person so appointed to have such powers and responsibilities as the Council may direct.

2 — The Director-General shall be the chief executive officer and the legal representative of the Laboratory.

3 — a) The Director-General shall present to the Council:

i) The draft indicative scheme referred to in paragraph 3, b), of article vi of this Agreement; U) The budget and provisional estimate provided for in subparagraphs c) and d) of paragraph 3 of article vi of this Agreement; Hi) The audited annual accounts and the annual report called for in subparagraphs f) and g) of paragraph 3 of article vi of this Agreement.

b) The Director-General shall transmit to EMBC for consideration the annual report approved by the Council in accordance with paragraph 3, g), of article vi of this Agreement.

4 — The Director-General shall be assisted by such scientific, technical, administrative and clerical staff as may be authorised by the Council.

5 — The Director-General shall appoint and dismiss the staff. The Council shall approve the appointment and dismissal of the senior staff as that category is defined in the Staff Rules. Any appointment and its termination shall be in accordance with the Staff Rules. Any persons, not members of the staff, who are invited to work at the Laboratory shall be subject to the authority of the Director-General and to such general conditions as may be approved by the Council.

6 — Each Member State shall respect the exclusively international character of the responsibilities of the Director-General and the staff in regard to the Laboratory. In the discharge of their duties they shall neither seek nor receive instructions from any Member State or any government or other authority external to the Laboratory.

Article VIII Scientific Advisory Committee

1 — The Scientific Advisory Committee established in accordance with paragraph 7 of article vi of this Agreement shall give advice to the Council, in particular with regard to proposals from the Director-General on the realisation of the programme of the Laboratory.

2 — The Committee shall be composed of distinguished scientists appointed in their own right, not as representatives of Member States. Membership of the Committee should be drawn from scientists in a wide range of relevant fields of science in order to cover as far as possible both the field of molecular biology and other appropriate scientific disciplines. The Director-General shall, after due consultations with, in particular, the Council of EMBO and appropriate national institutions, propose to the Council a list of candidates which the Council shall take into account in appointing the members of the Committee.

Article IX

Budget

1 — The financial year of the Laboratory shall run from 1 January to 31 December.

2 — The Director-General shall, not later than 1 October of each year,' submit to the Council for consideration and approval a budget showing detailed estimates of the income and expenditure of the Laboratory for the following financial year.

3 — The Laboratory shall be financed by:

a) The financial contributions of Member States;

b) Any gifts contributed by Member States in addition to their financial contributions, unless the Council, by a two-thirds majority of Member States present and voting, decides that any such gift is inconsistent with the purposes of the Laboratory; and

c) Any other resources, in particular gifts offered by private organisations or individuals, subject to their acceptance by approval of the Council given by a two-thirds majority of Member States present and voting.

4 — The budget of the Laboratory shall be expressed in accounting units representing a weight of 0.88867088 grammes of find gold.

Article X Contributions and auditing

1 — Each Member State shall contribute annually to the capital expenditure and to the current operating expenses of the Laboratory an aggregate amount of convertible funds in accordance with a scale which shall be fixed every three years by the Council by a two-thirds majority of all the Member States, and shall be based on the average net national income at factor cost of each Member State for the three latest preceding calendar years for which statistic are available.

2 — The Council may decide, by a two-thirds majority of all the Member States, to take into account any special circumstances of a Member State and adjust its contribution accordingly. In applying this provision the term «spécial circumstances» shall include, in particular, a situation in which the per capita national income of a Member State is less than an amount which the Council shall fix by a two-thirds majority, or one by which any Member State is required to contribute more than thirty per cent of the aggregate amount of contributions assessed by the Council in accordance with the scale referred to in paragraph 1 of this article.

3 — a) States which become Parties to this Agreement after the thirty-first of December following its entry into force, shall make a special contribution towards the capital expenditure of the Laboratory already incurred, in addition to contributing to future capital expenditure and current operating expenses. The amount of this special contribution shall be fixed by the Council by a two--thirds majority of all Member States.

b) All contributions made in accordance with the provisions of subparagraph a) of this paragraph shall be applied in reducing the contributions of the other Member States unless otherwise decided by the Council by a two-thirds majority of all Member States.

4 — If, after this Agreement has entered into force, a State becomes or ceases to be a Party thereto, the